DAKSHIN HARYANA BIJLI VITRAN NIGAM
Memo No.Ch-12/SE/Admn./REG-40 Dated: 24.08.2006
From
The S.E./Administration, DHBVN, Hisar.
To
1. All the G.Ms./C.Es. in DHBVN. 2. The Company Secretary, DHBVN, Hisar. 3. The C.A.O./C.A./F.A.(HQ)/FA & CAO(MM), DHBVN, Hisar. 4. All the S.Es.(including C.O.S. & D.G.M./IT)/Xens in DHBVN. 5. The Deputy Secretary (T&M), DHBVN, Hisar. 6. The Estate Officer-cum-Xen(Civil), DHBVN, Hisar 7. All the Under Secretaries/Admn. Officers in DHBVN. 8. The Manager (PR)/(IR), DHBVN, Hisar. 9. The Sr. Medical Officer/Medical Officer in DHBVN. 10. The Law Officer, DHBVN, Hisar/Faridabad/Gurgaon. 11. All S.D.Os. in DHBVN. 12. All In-charge Sub Offices in DHBVN. 13. All Sectional Heads in DHBVN (Headquarter at Hisar).
Subject: DHBVN Employees (Conduct) Regulations, 2006.
A copy of Notification No.70/REG-40/SE/Admn. dated 22.08.2006 containing DHBVN Employees (Conduct) Regulations, 2006 is sent herewith for information and necessary action.
This issues in pursuance of the decisions taken by the Board of Directors in their meeting held on 24.03.2006 & 27.07.2006.
Encl:as above. Under Secretary (General) for S.E.(Admn.), DHBVN, Hisar
CC: 1. Sr. P.S. to Managing Director, DHBVN, Hisar. 2. Sr. P.S./P.S. to Director (‘OP’)/(Projects) in DHBVN, Hisar. 3. P.A. to S.E./Admn., DHBVN, Hisar.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 1 DAKSHIN HARYANA BIJLI VITRAN NIGAM
Employees (Conduct) Regulations, 2006
Index
Reg. Table of Contents Reference to No. Page No. 1 & 2 Short Title, Commencement and Application 2 3. Definitions. 2 4. General 3 5. Employment of near relatives of Nigam employees in 4 private undertakings enjoying Nigam Patronage. 6. Gifts 5 7. Dowry 5 8. Public demonstrations in honour of Nigam employees. 6 9. Subscriptions 6 10. Investment, Lending and Borrowing 6 11. Movable, Immovable and Valuable Property 7 12. Restrictions in relation to acquisition and disposal of 9 immovable property outside India and transactions with foreigners etc. 13. Promotion and Management of Companies. 9 14. Private trade or employment 10 15. Permission to apply outside the Nigam 11 16. Insolvency and habitual indebtedness 11 17. Unauthorized communication of information 11 18. Canvassing of Non-official or other influence 11 19. Connection with press or Radio 11 20. Criticism of Nigam/Management 12 21. Evidence before committee or any other authority 12 22. Taking part in politics and elections 13 23. Vindication of acts and character of the employees of 13 the Nigam as such. 24. Joining of associations by Nigam employees 13 25. Demonstrations and Strikes 14 26. Consumption of intoxicating drinks and drugs. 14 27. Bigamous marriage/Adultery 15 28. Over-riding effect of the Central/State Acts/Rules. 15 29. Interpretation 15 30. Delegation of Powers 15 31. Repeal and saving. 15 Annexure-I 16 Annexure-II 17 Annexure-III 18 Annexure-IV 19
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 2 DAKSHIN HARYANA BIJLI VITRAN NIGAM
NOTIFICATION
22nd August 2006
No. 70 /REG-40/SE/ADMN. In exercise of the powers conferred by Clause- (c) of Section-70 of the Electricity Supply Act, 1948 and all other enabling powers in this behalf, the Dakshin Haryana Bijli Vitran Nigam is pleased to make the following regulations governing Conduct of the Employees of the Nigam.
SHORT TITLE COMMENCEMENT AND APPLICATION
1. (1) These regulations may be called “The Dakshin Haryana Bijli Vitran Nigam Employees (Conduct) Regulations, 2006”
(2) These shall come into force at once
(3) Except as otherwise provided in Regulation-2, these regulations shall apply to all the employees of the Nigam, whether on duty, under suspension, on leave or foreign services.
2. These regulations shall not apply to Government employees whose services were transferred to the erstwhile Punjab State Electricity Board.
DEFINITIONS
3. Unless there is anything repugnant to the subject or context, in these regulations:-
(1) “Nigam” means the Dakshin Haryana Bijli Vitran Nigam constituted under Section-5 of the Electricity (Supply) Act, 1948 and shall include its successors and assigns.
(2) “Employee” means a member of any of the Nigam services and includes any person in the employment of the Nigam on contract basis.
Explanation:-A Nigam employee whose services are placed at the disposal of a Government Company, Corporation, Organization, or a Local Authority by the Nigam, shall, for the purpose of these regulations, be deemed to be a Nigam’s employee serving under the Nigam notwithstanding that his salary is drawn from sources other than the Nigam.
(3) “Members of Family” in relation to a Nigam employee includes:-
(a) the wife or husband, as the case may be, of the Nigam employee, whether residing with the Nigam employee or not but does not include a wife or husband, as the case may be, separated from the Nigam employee by a decree or order of a competent court;
(b) son or daughter or step-son or step-daughter of the Nigam employee and wholly dependent on him, but does not include a child or step- child who is no longer in any way dependent on the Nigam employee or of whose custody the Nigam employee has been deprived by or under any law;
(c) any other person related, whether by blood or marriage, to the Nigam employee or to the Nigam employee’s wife or husband and wholly dependent on the Nigam employee.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 3 (4) “Prescribed Authority” means the authority as defined in explanation-I of Regulation-11 of these Regulations. Notes:-
i) Any expression containing the masculine gender in these Regulations shall also, include the feminine gender.
ii) Words importing the singular number shall include the plural number and vice-versa.
GENERAL
4. (1) Every Nigam employee shall at all times:-
i) discharge his duties and assignments with integrity, loyalty and promptitude;
ii) maintain absolute integrity and devotion to duties;
iii) Observe due decorum in his official dealings and shall behave courteously with members of the public, colleagues and subordinates;
iv) do nothing which is unbecoming of a public servant/Nigam employee;
v) be at work punctually. An employee who, after presenting from his proper place of work during the prescribed hours of work, shall be liable to be treated as absent and shall be subject to such disciplinary action as the Competent Authority may deem fit.
vi) render due respect to Nigam’s communications addressed to him & receive and/or reply to the notice(s) issue to him by the Nigam.
vii) implement circulars/instructions of the Nigam issued from time to time.
viii) Take care of his family viz, lawfully wedded spouse & dependent children & parents
ix) Shall not engage in willful insubordination or disobedience whether alone or in combination with others to any lawful and reasonable orders of a superior
x) Shall not willfully cause damage to or loss of employer’s property
xi) Shall not engage in taking or giving bribes or illegal gratification or any inducement thereof
xii) Should not habitual breach any law applicable to the establishment
xiii) Shall never be guilty of gross negligence or habitual negligent of work
xiv) Shall not engage in willful and deliberate slowing down of work or inciting others to slow down
xv) Shall not be conviction by a court of law for an offence involving moral turpitude
Note: If the workman is subsequently acquitted by the court of law he shall be reinstated
xvi) Shall not preach or incite violence likely to jeopardize the safety of the establishment
xvii) Shall not willfully temper with any safety devices installed in the establishment
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 4
xviii) Shall not refuse to undergo training in First-Aid and Air-Raid precautions without cogent reasons
xix) Shall not refuse to work on job or machine on which he is assigned
xx) Shall not spread false rumour or give false information or make defamatory statements (written or oral) which tend to bring the management or its officers into disrepute
xxi) Shall not give false information regarding one’s name, father’s name, age, qualification, previous experience, previous dismissal, previous conviction etc. at the time of employment
xxii) Shall not temper with the official record
xxiii) Shall not violate or infringe any Rules/Regulations/Administrative instructions/Orders of his superior officer
xxiv) Shall not engage in violence at employer’s premises
xxv) Shall not vilify officers and co-employees
xxvi) Shall not do an act which is likely to subvert discipline
xxvii) Shall not repeat minor misconducts
xxviii) Shall not be involved in sexual harassment of fellow officials/public
(2) Every Nigam Employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Nigam employees for the time being under his control and authority.
EMPLOYMENT OF NEAR RELATIVES OF NIGAM EMPLOYEES IN PRIVATE UNDERTAKINGS ENJOYING NIGAM PATRONAGE
5. (1) No Nigam employee shall use his position or influence directly or indirectly to secure employment for any member of his family in any private undertaking.
(2) i) No Class-I officer shall, except with the previous sanction of the Nigam, permit his son, daughter or other dependent to accept with which he has official dealings or in any other undertaking having official dealings with the Nigam.
Provided that where the acceptance of the employment cannot await prior permission of the Nigam or is otherwise considered the matter urgent, shall be reported to the Nigam; and the employment may be accepted provisionally subject to the permission of the Nigam.
ii) A Nigam employee shall, as soon as becomes aware of the acceptance by a member of his family of an employment in any private undertaking intimate such acceptance to the prescribed authority and shall also intimate whether he has or has had any official dealings with that undertaking;
Provided that no such intimation shall be necessary in the case of a Class-I Officer if he has already obtained the sanction of, or sent a report to the Nigam under Clause (i).
iii) No Nigam employee shall, in the discharge of his official duties, deal with any matter or give or sanction any contract to any undertaking or any other person if any member of his family is employed in that undertaking or under that persons or if he or any member of his
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 5 family interested in such matter of contract in any other manner and the Nigam employee shall refer every such matter or contract to his superior officer and the matter or contract shall, thereafter be disposed of according to the instructions of the authority to whom the reference is made.
GIFTS
6. (1) Save as otherwise provided in these regulations, no Nigam employee shall accept, or permit any member of his family or any other person acting on his behalf to accept, any gift.
Explanation: The expression “gift” shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Nigam employee.
Notes- I. A casual meal, lift or other social hospitality shall not be deemed to be a gift.
2. A Nigam employee shall avoid accepting lavish or frequent hospitality from any individual having official dealings with him or from industrial or commercial firms, organizations etc.
(2) On occasions, such as weddings, birthdays, anniversaries, funerals or family/religious functions, when the making of a gift is in conformity with the prevailing religious or social practice, a Nigam employee may accept gifts from his near relatives or his personal friends having no official dealings with him but he shall make a report to the Nigam if the value of any such gift exceeds:-
(i) Rs. 25000/- in the case of a Nigam employee holding any Class-I or Class-II post; and
(ii) Rs. 10000/-, in the case of a Nigam employee holding any Class-III or IV post; and
(3) In any other case, a Nigam employee shall not accept or permit any member of his family or any other person acting on his behalf to accept, any gift without the sanction of the Nigam if the value thereof exceeds:-
(i) Rs. 1000/- in the case of a Nigam employee holding any Class-I or Class-II post; and
(ii) Rs. 500/- in the case of a Nigam employee holding any Class-III or Class-IV post.
DOWRY 7. (i) Every unmarried Nigam employee at the time of his entry into the Nigam’s service will submit a declaration in the form annexed as Annexure-1, to the effect :- a) that he shall not give or take or abet the giving or taking of dowry or b) demand directly from the parents or guardians of the bride or bridegroom as the case may be, any dowry.
(ii) Every Nigam employee after his marriage will furnish a declaration regarding non acceptance of the dowry by him to his Head of Deptt as per the declaration at Annexure-II.
Explanation: For the purposes of this regulation, “dowry” has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961).
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 6 “EXTRACT FROM ‘THE DOWRY PROHIBITION ACT, 1961 (28 of 1961)
Section-2: Definition of “dowry”- In this Act, “Dowry” means any property or valuable security given or agreed to be given either directly or indirectly:-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parent (s) of either party to a marriage or by any other person to either party to the marriage or to any other person; at or before or after the marriage as consideration for the marriage of the said parties, but does not include dowry or mahar in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation: For the removal of doubts, it is hereby declared that any present made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this Section, unless they are made as consideration for the marriage of the said parties.”
PUBLIC DEMONSTRATIONS IN HONOUR OF NIGAM EMPLOYEES
8. No Nigam employee shall, except with the previous sanction of the Nigam, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour, or in the honour of any other Nigam employee;
Provided that nothing in this regulation shall apply to:-
(i) a farewell entertainment of a substantially private and informal character held in honour of a Nigam employee or any other Nigam employee on the occasion of his retirement or transfer or any person who has recently quitted the service; or
(ii) the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions. NOTE: Exercise of pressure or influence of any sort on any Nigam employee to include him to subscribe towards any farewell entertainment even if it is of a substantially private or informal character and the collection of subscriptions from Class-III or Class- IV employees under any circumstances for the entertainment of any Nigam employee not belonging to Class-III or Class-IV, is forbidden
9. No Nigam employee shall, except with the previous sanction of the Nigam or of the prescribed authority, ask for or accept contributions to, or otherwise associate himself with the raising of any funds or other collections in cash or in kind in pursuance of any object whatsoever.
INVESTMENT LENDING AND BORROWING
10. (1) No Nigam employee shall speculate in any stock, share or other investment.
Explanation:- More than 10 transactions in a month towards purchase or sale or both of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub- regulation.
(2) No Nigam employee shall make or permit any member of his family or any person acting on his behalf to make any investment which is likely to embarrass or influence him in the discharge of his official duties.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 7 (3) If any question arises whether any transaction is of the nature referred to in sub-regulation (1) or sub-regulation (2), the decision of the Nigam thereon shall be final.
(4) (i) No Nigam employee shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf:-
(a) Lend or borrow or deposit money, as a principal or an agent, to or from, or with, any person or firm or private limited company within the local limits of the authority or with whom he is likely to have official dealings or otherwise place himself under any pecuniary obligation to such person or firm or private limited company; or
(b) Lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid;
Provided that a Nigam employee may give to, or accept from, a relative or a personal friend a purely temporary loan of a small amount free of interest, or operate a credit account with a bonafide tradesman or make an advance of pay to his private employee.
Provided further that nothing in this sub-regulation shall apply in respect of any transactions entered into by a Nigam employee with the previous sanction of the Nigam.
(II) When a Nigam employee is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub- regulation (2) or sub-regulation (4) he shall forthwith report the circumstances to the prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.
MOVABLE, IMMOVABLE AND VALUABLE PROPERTY
11 (1) (i) Every Nigam employee shall on his first appointment to any service or post submit a return of his assets and liabilities, in the form annexed as Annexure-III and IV to these regulations, giving the full particulars regarding:-
(a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person; (b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired, or held by him. (c) Other movable property inherited by him or similarly owned, acquired or held by him; and (d) Debts and other liabilities incurred by him directly or indirectly.
Notes:-
1 Sub-Regulation (1) shall not ordinarily apply to Class-IV employees but the Nigam may direct that it shall apply to any such Nigam employee or class of such Nigam employee.
2 In all returns, the values of items of movable property worth less than Rs. 2000/- may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery, books etc., need not be included in such return.
3 Where a Nigam employee already belonging to a service or holding a post is appointed to any other service or post, he shall not be required to submit a fresh return under this clause.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 8 (ii) Every Nigam employee belonging to any service in the Nigam shall also submit an annual return in the form prescribed in clause (i) above giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.
(2) No Nigam employees shall, except with the previous knowledge of the prescribed authority, acquired or dispose of any immovable property by lease, mortgage purchase, sale gift or otherwise either in his own name or in the name of any member of his family.
Provided that the previous sanction of the prescribed authority shall be obtained by the Nigam employee if any such transaction is:-
(i) with a person having official dealings with the Nigam employee; or
(ii) otherwise than through a regular or reputed dealer.
( 3) Where a Nigam employee enters into a transaction in respect of movable property either in his own name or in the name of any member of his family, he shall, within one month from the date of such transaction, report the same to the prescribed authority, if the value of such property exceeds Rs. 50000/- in the case of a Nigam employee holding any Class-I or Class-II post of Rs. 25000/- in the case of a Nigam employee holding any Class-III or Class-IV post.
Provided that the previous sanction of the prescribed authority shall be obtained if any such transaction is:-
(i) with a person having official dealings with the Nigam employee; or (ii) otherwise than through a regular or reputed dealer.
(4) The Nigam or the prescribed authority may, at any time, by general or special order, require, a Nigam employee to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the Nigam or by the prescribed authority, include the details of the means by which, or the source from which, such property was acquired.
(5) The Nigam may exempt any category of Nigam employee’s belonging to Class-III or Class-IV from any of the provisions of this regulation except sub- regulation (4).
Explanation –I
For the purposes of this regulation:
(1) the expression “movable property” includes:-
(a) jewellery, insurance policies the annual premia of which exceeds to Rs. 15000/- or one-sixth of the total annual emoluments received from Nigam whichever is less, shares, securities and debentures;
(b) loans advances by such Nigam employees whether secured or not;
(c) motor cars, motor cycles, Scooters, cycles, horses or any other means of conveyance; and
(d) Refrigerators, Television sets, Music Systems, Computers, Mobile Phones, Microwave Owens, handycams/cameras, whether digital or otherwise, watches of value exceeding Rs.10,000/- per piece, other electric/electronic appliances/ gadgets, etc.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 9 (2) “prescribed authority” means-
(a) (i) the Nigam, in the case of a Nigam employee holding any Class-I post, except where any lower authority is specifically specified by the Nigam for any purpose;
(ii) Head of Department, in the case of a Nigam employee holding, any Class-II post;
(iii) Head of office, in the case of a Nigam employee holding any class-III or Class-IV post;
(b) In respect of a Nigam employee on foreign service or on deputation to other corporation etc. the respective authority as mentioned in (i), (ii) & (iii) above.
Explanation-II
For the purposes of this regulation ‘lease’ means, except where it is obtained from or granted to, a person having official dealings with the Nigam employee, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
RESTRICTIONS IN RELATION TO ACQUISITION AND DISPOSAL OF IMMOVABLE PROPERTY OUTSIDE INDIA AND TRANSACTIONS WITH FOREIGNERS ETC.
12. Notwithstanding anything contained in sub-regulation (2) of Regulation 11, no Nigam employee shall except with the previous sanction of then prescribed authority:-
(a) Acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India;
(b) Dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which has acquired or is held by him either in his own name or in the name of any member of his family; (c) Enter into any transaction with the foreigner, foreign Government, foreign organization or concern:-
(i) for the acquisition, by purchase, lease, mortgage, gift or otherwise, either in his own name or in the name of any member of his family, or any immovable property;
(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of any immovable property which was acquired or is held by him either in his name or in the name of any member of his family.
Explanation - In this regulation ‘prescribed authority’ has the same meaning as in Regulation-II.
PROMOTION AND MANAGEMENT OF COMPANIES
13. No Nigam employee shall, except with the previous sanction of the Nigam, take part in the promotion, registration or management of any bank or company.
Provided that a Nigam employee may, in accordance with the provision of any general or special order of the Nigam, take part in the promotion, registration or management of a Co-operative Society registered under the Co-operative Societies Act, 1912 (11 of 1912), or under any similar law of the State.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 10
PRIVATE TRADE OR EMPLOYMENT
14. (1) No Nigam employee shall, except with the previous sanction of the Nigam, engage directly or indirectly in any trade or business or negotiate for or undertake any other employment.
Provided that a Nigam employee may, without such sanction:-
(i) undertake honorary work of a social or charitable nature; or
(ii) undertake occasional work of a literary artistic or scientific character; or
(iii) participate in sports activities as amateur;
subject to the condition that in all the cases, his official duties do not thereby suffer. He shall not undertake or shall discontinue such work or activity, if so directed by the Nigam.
Explanation: Canvassing by a Nigam employee, in support of the business of insurance agency, commission agency etc., owned or managed by his wife or any other member of his family shall be deemed to be a breach of this sub-regulation.
(2) Every Nigam employee shall report to the Nigam if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
(3) No Nigam employee shall, without the previous sanction of the Nigam, except in the discharge of his official duties take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force, or any co-operative society for commercial purposes.
Provided that a Nigam employee may take part in the registration, promotion or management of:-
i) a literary, scientific, or charitable society or of a company, club or similar organization the aims and objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860) or the Companies Act, 1956 or any other law for the time being in force. ii) A co-operative society substantially for the benefits of Nigam employees registered under the Co-operative Societies Act, 1912 (2 of 1912) or any other law for the time being in force.
(4) Unless otherwise provided by general or special orders of Nigam, no Nigam employee may accept any fee for any work done by him for any private or public body or any private or public body or any private person without the sanction of the prescribed authority.
Explanation: The term ‘Fee’ used here shall have the meaning as assigned to it in Rule 2.18 of the Punjab C.S.R. Vol-I Part-I (as applicable to Haryana State).
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 11 PERMISSION TO APPLY OUTSIDE THE NIGAM
15 A Nigam employee shall not apply for any post or seek any service outside the Nigam without the specific permission of the Nigam or the authority prescribed by it.
INSOLVENCY AND HABITUAL INDEBTEDNESS
16 A Nigam employee shall avoid habitual indebtedness. If an employee is adjudged or declared insolvent, or if the whole of the portion of his salary which is liable to attachment is frequently attached for debit or has been continuously so attached for a period exceeding two years, or is attached for sum which in ordinary circumstances, he could not repay within a period of two year (s) he shall be presumed to have contravened this regulation. But he need not be so deemed, if he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from his extravagant or dissipated habits. A Nigam employee who applies to be or is adjudged or declared insolvent shall forthwith report his insolvency to the prescribed authority; a similar report is necessary in respect of an application by a Nigam employee to a Debt Conciliation Board.
UNAUTHORISED COMMUNICATION OF INFORMATION
17. No Nigam employee shall, except in accordance with any general or special order of the Nigam or in the preference in good faith of the duties assigned to him, communicate, directly or indirectly, any official documents or any part thereof or information to any Nigam employee or any other person to whom he is not authorized to communicate such document or information.
Explanation: Quotation by a Nigam employee (in his representation to the Head of Office, or Head of Department of Nigam) or from any letter, circular, or office memorandum or from the notes on any file, to which he is not authorized to have access, or which he is not authorized to keep in his personal custody or for personal purpose, shall amount to unauthorized communication of information within the meaning of this regulation.
CONVASSING OF NON-OFFICIAL OR OTHER INFLUENCE
18. No Nigam employee shall bring or attempt to bring any political or other influence to bear upon any superior authority for transfer of his services from one office to another or one place to another or from one organization to another or to further his interest in respect of matter pertaining to his service under the Nigam.
CONNECTION WITH PRESS OR RADIO
19. (1) No Nigam employee shall, except with the previous sanction of the Nigam, own wholly or in part, or conduct or participate in the editing or management of any newspaper or other periodical publication.
(2) No Nigam employee shall, except with the previous sanction of the Nigam or of the prescribed authority, or except in the bonafide discharge of his duties:-
(a) Publish a book himself or through a publisher, or contribute an article to a book or a compilation of articles, or
(b) Participate in a radio broadcast or contribute an article or write a letter to a newspaper or periodical, either in his own name or anonymously or pseudonymously or in the name of any other person provided that no such sanction shall be required:-
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 12 i) If any such publication is through a publisher and is of a purely literary, artistic or scientific character, or
ii) If such contribution, broadcast or writing is of a purely literary, artistic or scientific character.
(3) Any officer/official of the Nigam found guilty of corrupt practices, may be on the basis of video recording/sting operation shall be suspended immediately and in case the C.D. of such recording is proved to be genuine one, the concerned corrupt officer/official shall be dismissed from the services of the Nigam without conducting any further enquiry in this regard.
Genuineness of the C.D. will be decided by a Committee of General Manager (HR&Admn.), concerned Superintending Engineer and Superintending Engineer (Commercial) as Member Secretary. Office shall give one opportunity of hearing to official concerned. Upon their report, the enquiry procedure can be dispensed with and straight dismissal order can be issued.
CRITICISM OF NIGAM/MANAGEMENT
20. No Nigam employee shall, in any radio broadcast or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion:-
i) Which has the effect of an adverse criticism of any current or recent policy or action of the Nigam or the Government, or tantamounting to an aspersion or allegation of a defamatory nature, or is likely to tantamount to intimidation in respect of any thing done or proposed to be done by an employee of the Nigam in the discharge of his duties.
ii) Which is capable of embarrassing the relations between the Nigam and the Government.
iii) Which is capable of embarrassing the relations between the Government and the Government of any foreign State.
Provided that nothing in this regulation shall apply to any statement made or views expressed by a Nigam employee in his official capacity or in the due performance of the duties assigned to him.
EVIDENCE BEFORE COMMITTEE OR ANY OTHER AUTHORITY
21. (1) Save as provided in sub-regulation (3), no Nigam employee shall, except with the previous sanction of the Nigam, give evidence in connection with any enquiry conducted by any person, committee or authority.
(2) Where any sanction has been accorded under sub-regulation (1), no Nigam employee giving such evidence shall criticise the policy or any action of the Nigam or of the Govt.
(3) Nothing in this regulation shall apply to:-
(a) evidence given at an enquiry before an authority appointed by the Nigam, a State Legislature; or Parliament or
(b) evidence given in any judicial enquiry; or
(c) evidence given at any departmental enquiry ordered by authorities subordinate to the Nigam.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 13 TAKING PART IN POLITICS AND ELECTIONS
22. (1) No Nigam employee shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics nor shall be take part in, subscribed in aid of, or assist in any other manner, any political movement or activity.
(2) It shall be the duty of every Nigam employee to endeavour to prevent any member of his family from taking part in or subscribing in aid of, or assisting in any other manner any movement or activity which is, or tend directly or indirectly to be, subversive of the Nigam or of the Government as by law established and where a Nigam employee is unable to prevent a member of his family from taking part in, or subscribing in aid of or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Nigam.
(3) If any question arises whether a party is a political party or whether any organization takes part in politics or whether any movement or activity falls within the scope of sub-regulation (2), the decision of the Nigam thereon shall be final.
(4) No Nigam employee shall canvass or otherwise interfere with, or use his influence in connection with or take part in election to any legislature or local authority.
Provided that: -
(i) a Nigam employee qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;
(ii) a Nigam employee shall not be deemed to have contravened the provisions of this sub-regulation by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force.
Explanation: The display by a Nigam employee on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-regulation
VINDICATION OF ACTS AND CHARACTER OF THE EMPLOYEES OF THE NIGAM AS SUCH
23. (1) No Nigam employee shall, except with the previous sanction of the Nigam, have recourse to any court or to the press for the vindication of his official acts.
(2) Nothing in this regulation shall be deemed to prohibit a Nigam employee from vindicating his private conduct or any act done by him in his private capacity and where any action for vindicating his private conduct or any act done by him in private capacity is taken, the Nigam employee shall submit a report to the prescribed authority regarding such action.
JOINING OF ASSOCIATIONS BY NIGAM EMPLOYEES
24. No Nigam employee shall join, or continue to be a member of, an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India, or public order or morality.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 14 DEMONSTRATION AND STRIKES
25. No Nigam employee shall:-
(i) Engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the States friendly relations with foreign states, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence, or is likely to disrupt or dislocate any of the operation of or services provided by the Nigam as a utility essential to the community;
(ii) Resort to or in any way abet any form of strike of coercion or physical duress in connection with any matter pertaining to his service or the service of any other Nigam employee; or
(iii) Restrain or prevent any worker or other Government/Nigam employee from going to his place of work or performance of duties assigned to him.
Explanation:
‘Strike’ means refusal to work or stoppage or slowing down of work by a group of employee acting in combination, and includes:-
(a) mass abstention from work without permission (which is wrongly described as “Mass casual Leave”);
(b) refusal to work overtime where such overtime work is necessary in the public interest;
(c) resort to practices or conduct which is likely to result in or results in the cessation or substantial retardation of work. Such practices would include, what are called, ‘go-slow’, ‘sit-down’, ‘pen-down’, ‘token’, ‘sympathetic’ or any other similar strike; as also absence from work for participation in a Bandh or any similar movements.
Nigam employees who resort to action of the above kind, violate Regulaltion- 25 of these regulations and disciplinary action can be taken against them. It may be noted that the list of activities which are covered under the definition of strike as enumerated above is only illustrative and not exhaustive. It only clarifies the position in respect of practices which are often resorted to at present.
CONSUMPTION OF INTOXICATING DRINKS AND DRUGS
26. A Nigam employee shall:-
(a) Strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being;
(b) Not be under the influence of any intoxicating drunks or drug during the course of his duty and shall, also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug;
(c) Refrain from consuming any intoxicating drinks or drug in a public place;
(d) Not appear in a public place in a state of intoxication;
(e) Not use any intoxicating drunk or drug to excess.
Explanation: For the purpose of this regulation ‘public place’ means any place or premises (including a conveyance) to which the public have, or are permitted to have access whether on payment or otherwise.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 15 BIGAMOUS MARRIAGE/ADULTERY
27. (1) No Nigam employee shall enter into or contract, a marriage with a person having spouse living; and
(2) No Nigam employee, having a spouse living, shall enter into or contract, a marriage with any person;
Provided that the Nigam may permit a Nigam employee to enter into or contract, any such marriage as is referred to in sub-regulation (1) or sub- regulation (2), if it is satisfied that :-
(a) such marriage is permissible under the personal law/custom applicable to such Nigam employee and the other party to the marriage;
(b) there are other grounds for so doing.
(3) No Nigam employee, whether married or not, shall indulge in adultery or act in an adulterous way, which brings disrepute or affects the goodwill or image of the Nigam in public.
OVER-RIDING EFFECT TO THE CENTRAL/STATE ACTS/RULES
28. Whenever any provision in these Regulations conflict with that in the Factories Act, Industrial Disputes Act, Payment of Wages Act, Indian Trade Unions Act, or in the rules thereunder or any other law applicable to the Nigam the provision in these Acts and Rules shall prevail in the case of the employee governed by these Acts.
INTERPRETATION
29. If any question arises relating to the interpretation of these regulations, it shall be referred to the Nigam whose decision thereon shall be final.
DELEGATION OF POWER
30. The Nigam may, by a general or special order and subject to such conditions as it may think fit, authorize any authority subordinate to it to exercise the powers of functions of the Nigam for all or any of the purposes of these regulations.
REPEAL AND SAVING
31. The Haryana State Electricity Board Employees (Conduct) Regulations, 1984 adopted by the Nigam are hereby repealed.
Provided that any order made or action taken under the regulations so repealed, shall be deemed to have been made or taken under the corresponding provisions or these regulations;
Provided further that such repeal shall not affect the previous operation of the regulations so repealed and a contravention of any of the said regulations shall be punishable as if it were a contravention of these regulations.
S.E.(Administration) DHBVN, Hisar
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 16 ANNEXURE-I
(Declaration to be taken at the time of entry into Nigam’s Service)
D E C L A R A T I O N
WHEREAS the provision of Regulation-7 of the Dakshin Haryana Bijli Vitran Nigam Employees Conduct Regulations- 2006 has been specifically brought to my notice;
AND whereas on date I am unmarried;
NOW, therefore, I ______do hereby undertake that I shall not:-
(b) give or take or abet the giving or taking of dowry; or (c) demand, directly or indirectly from the parents or guardians of the bride or bridegroom, as the case may be, any dowry. N.B: “dowry” shall have the same meaning as in the Dowry Prohibition Act, 1961.”
I aver in the full understanding that any breach f the rules or law relating to taking or abetting the taking of dowry shall render me liable for appropriate disciplinary action.
Place:
Signature ……………………….. Name in Block Letters: Designation: Name of Office: Copy to: (Name of Parent/Guardian)
Address:
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 17 ANNEXURE-II
(Declaration to be given by the mail Nigam’s Employees after their marriage)
WHEREAS I was married on ………………………. (date of marriage)
Now, therefore, in terms of the provision of Regulation-7 of the Dakshin Haryana Bijli Vitran Nigam Employees Conduct Regulations- 2006, I (Name of the Nigam Employee), do hereby declare that I have not taken or abetted I the takingof any dowry. This declaration has also been signed by my wife, father and father-in-law.
Note: To be declared only if either the father or father-in-law or both are not living on the date of declaration.
I declare and affirm that my father/my father-in-law /both my father and father-in-law, are not alive.
Place:
Signature ……………………….. Name in Block Letters: Designation: Name of Office:
1. Signature of Father ……………………………. 2. Signature of Wife……………………………….. 3. Signature of Father-in-law …………………….
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 18 ANNEXURE-III
Declaration form for movable property under regulation 11 of the DHBVNL Employees (Conduct) Regulations, 2006
Name & designation of the Nigam Employee______Address______Statement made on______(Date)
(a) (i) Cash, Jewellery, bullion, Bank deposits, Insurance Policies, Shares, Securities and Debentures. (ii) Motor Cars, Motor Cycles, Scooters, Cycles, Horses, and/or any other means of conveyance. (iii) Refrigerators, Television sets, Music Systems, Computers, Mobile Phones, Microwave Owens, Handycams/cameras, whether digital or otherwise, Tape Recorders, Stereos, Watches, etc. (iv) Milch Cattle.
Sr.N Description of Value Name of Member of the Date and manner Remarks o. items Nigam employee’s family of fresh acquisition & Benamidar )if any) in during the year whose name the asset is held 1. 2. 3. 4. 5. 6.
(b) Loans advanced, whether secured or not. If secured, nature of the security i.e. ornaments simple pronote or mortgage deeds with or without possession.
Sr. Amount of If loan is a secured Name of Name with Date with Remarks No. loan one, nature of the member of the description other security with its Nigam of the loanee particulars approximate employee’s of the loan value family who has advances loan 1. 2. 3. 4. 5. 6. 7.
Note: The expression “Member of the Nigam employee’s family” is to be interpreted according to the definition in Regulation-3(3) of the Dakshin Haryana Bijli Vitran Nigam Employees (Conduct) Regulations, 2006
Signature of the Nigam Employee.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 19 ANNEXURE –IV
(Referred to in Regulation-11)
Declaration by______Of the Immovable property held by him and Members of his family made on______
Notes: (1) All interests in land of permanent nature whether ownership, mortgage or hereditary, occupancy, should be entered; also dwelling houses in towns.
(2) Members of a Nigam employee’s family are those mentioned in regulation 3(3) of the “DHBVN Employees (Conduct) Regulations, 2006” and in showing the holding of each, if a holding is Benami, the name of the Benamidar should be indicated separately.
In what district, tehsil and Description of holding with area How and when acquired (i.e. by village situated and assessment inheritance regist, purchase)
Signature and Designation of the Nigam Employee
.
C:\Inetpub\wwwroot\main\information\gmadmn\Employees Conduct Regulations, 2006.doc 20